The Dark Web—the Next Frontier in Data Breach Standing Analysis Amid a Deepening Circuit Split

A split among U.S. Circuit Courts of Appeals regarding what harm should suffice to maintain standing in data breach litigation doesn’t get easier to address as new questions of whether extrinsic evidence from Dark Web searches of breached personal data for sale can be relied on at the motion to dismiss stage of litigation.

The dark web—the alternative internet of websites often offering illegal products and stolen information for sale—presents complex issues in the context of considering harm in data breach litigation.

Please see our full article as originally published by Bloomberg Law. Reprinted with permission.